Health boss testimony pending

‘Is it an inquiry, or arbitration?’

THE SOUTH Gauteng High Court has reserved judgment on the application by suspended Gauteng Health head of department Barney Selebano to grant him reprieve from testifying at the Life Esidimeni arbitration hearing.

Judge Daniel Berger said he needed enough time to apply his mind and would give his verdict on December 4. Berger added that Selebano was exempt from testifying at the arbitration pending his decision.

The arbitration is hearing evidence into the botched relocation of psychiatric patients from Life Esidimeni to mostly unlicensed NGO facilities in Gauteng. More than 140 patients died, largely as a result of neglect at the ill-equipped facilities, while 59 patients are still unaccounted for following the transfers.

Earlier, the court heard Craig Watt-Pringle, for Selebano, arguing that subpoenaing him to testify at the arbitration would be akin to subjecting him to another hearing as he was already facing disciplinary action by his employer.

Watt-Pringle said: “Read between the lines, the government is saying they want to cross-examine him. This is a commission of inquiry, not an arbitration.”

Watt-Pringle added that Selebano had already answered to the ombudsman and had an internal disciplinary commission

THEY WANT TO CROSS-EXAMINE HIM. THIS IS A COMMISSION OF INQUIRY, NOT AN ARBITRATION

pending against him, and that appearing at the arbitration hearings would only mean that he was being subjected to yet another inquiry against him.

However, State advocate William Mokhari said there was no prescribed format for how arbitration proceedings had to be conducted.

“He was the HOD, he is the one who signed-off on things. He must come and assist the arbitrator.”

Health Ombudsman Malegapuru Makgoba’s report found that Selebano committed “gross misconduct and incompetence” as one of the officials in charge of the transfer of the patients. – ANA